Seaway Property Regulations (SOR/2003-105)

PART 2Activities of the Manager

General

23 If the Manager is the proponent of an activity that is set out in column 1 of the schedule and that is likely to have any of the results prohibited under section 5, it shall take appropriate measures designed to mitigate or prevent the result, if technically and economically feasible, taking into account

• (a) the safety of persons and property in the Seaway and on Seaway property;

• (b) the environmental protection of the Seaway and Seaway property; and

• (c) the management of the marine infrastructure of the Seaway and services in connection with the operation of the Seaway in a commercial manner.

Works within the Meaning of the Canadian Navigable Waters Act

Authority to Build

24 Subject to any agreement between the Minister and the Manager entered into under subsection 80(5) of the Act, any agreement between Canada and the United States in respect of the Seaway and section 25, the Manager or a person acting on behalf of the Manager may build, place, rebuild, repair or alter in, on, over, under, through or across the navigable waters of the Seaway a work within the meaning of the Canadian Navigable Waters Act that may interfere with navigation.

Assessments and Reports

• 25 (1) Before carrying out an activity referred to in section 24, the Manager shall conduct an assessment of the impact of the work on navigation in the Seaway.

• (2) The Manager shall ensure that a written report that summarizes the assessment is prepared before the activity in respect of the work is begun.

• (3) The Manager shall

  • (a) if the assessment indicates that the work would be likely to have an adverse effect on safety in respect of navigation in the Seaway, take appropriate measures designed to mitigate the effect, if technically and economically feasible; and

  • (b) if the assessment indicates that the work would be likely to interfere with any other aspect of navigation, take measures to ensure that the work is consistent with the objective declared in section 4 of the Canada Marine Act.

PART 3Authorizations and Instructions for Activities in the Seaway or on Seaway Property

Activities under Contracts, Leases and Licences

26 A person may, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule if authorized to do so in writing expressly or by necessary implication under a contract or lease entered into with, or a licence granted by, the Manager.

27 If, by entering into a contract or lease or granting a licence, the Manager authorizes an activity set out in column 1 of the schedule that has or is likely to have any of the results prohibited under section 5, the Manager shall stipulate as a condition of the contract, lease or licence that the person with whom the contract or lease is made or to whom the licence is granted shall take measures designed to mitigate or prevent the result, if technically and economically feasible.

[28 and 29 reserved]

Authorizations to Persons

• 30 (1) The Manager may give a written authorization under this section to a person to conduct, in the Seaway or on Seaway property, an activity set out in column 1 of the schedule if an “X” is set out in column 3.

• (2) On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 31(2), the Manager shall

  • (a) give its authorization;

  • (b) refuse to give its authorization if the results of the conduct of the activity are uncertain, or if the conduct of the activity is likely to have any of the results prohibited under section 5 and the results cannot be mitigated or prevented;

  • (c) if the conduct of the activity is likely to have any of the results prohibited under section 5, give its authorization subject to conditions that are designed to mitigate or prevent the results; or

  • (d) refuse to give its authorization if the person’s insurance coverage is inadequate for the conduct of the activity.

• 31 (1) No person shall, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule if an “X” is set out in column 3 unless the person

  • (a) obtains an authorization under section 30 or is covered by an authorization given to an undertaking or organization under that section; and

  • (b) complies with the conditions, if any, of the authorization.

• (2) A person that seeks an authorization from the Manager to conduct an activity in the Seaway or on Seaway property shall provide to the Manager

  • (a) the name and address of the person;

  • (b) the applicable fee, if any;

  • (c) any information relevant to the proposed activity that is necessary to assess the likelihood of the occurrence of any of the results prohibited under section 5;

  • (d) if any of the results prohibited under section 5 are likely to occur, proof that the applicant has an insurance policy that provides adequate coverage for the conduct of the activity, that names the Manager as an additional insured and that provides for the insurer to notify the Manager in the event that the policy is amended or cancelled; and

  • (e) if any of the results prohibited under section 5 are likely to occur, performance security and damage security in respect of the conduct of the activity.

32 The Manager may cancel an authorization given under section 30 or change the conditions to which an authorization is subject if

• (a) the conduct of the activity has a result that is prohibited under section 5 or, because of a change in circumstances, it becomes likely to have such a result or the result of it becomes unclear;

• (b) the insurance coverage, performance security or damage security obtained by the person in respect of the conduct of the activity becomes inadequate for the activity or is cancelled;

• (c) the authorization was based on incorrect or misleading information; or

• (d) the person to whom the authorization is given or any person covered by the authorization does not comply with a condition of the authorization.

• 33 (1) If an authorization given under section 30 is cancelled, the Manager shall give notice of the cancellation to the person to whom the authorization was given.

• (2) The cancellation is effective at the earliest of

  • (a) the end of the fifth day after the notice of cancellation is sent by registered mail to the address provided in the application for the authorization,

  • (b) two hours after a facsimile or electronic transmission of the notice of cancellation is sent to the address provided in the application for the authorization, and

  • (c) immediately on service of the notice of cancellation at the address provided in the application for the authorization.

33.1 The Manager shall give a temporary written or verbal authorization under this section to a person to not obey an instruction on a sign or device installed under the authority of the Manager if

• (a) the person is carrying out an activity that is necessary for the operation of the Seaway or Seaway property; and

• (b) obeying the instruction is likely to have any of the results prohibited under section 5.

Instructions to Cease, Remove, Return and Restore

• 34 (1) The Manager may instruct a person to take any of the actions prescribed under subsection (2) if

  • (a) the person conducts an activity that is prohibited under section 6;

  • (b) the person conducts an activity for which an authorization is required under section 30 without first obtaining the authorization or without being covered by one;

  • (c) the person or any person covered by an authorization fails to comply with a condition of the authorization; or

  • (d) the authorization to conduct the activity is cancelled under section 32.

  • (e) [Repealed, SOR/2014-102, s. 17]

• (2) The actions are

  • (a) to cease the activity or comply with the conditions for conducting the activity; and

  • (b) if the person is instructed to cease the activity,

    • (i) to remove anything brought into the Seaway or onto Seaway property in connection with the activity,

    • (ii) to return to the Seaway or Seaway property anything that was removed from it in connection with the activity, and

    • (iii) to restore the property affected by the activity to its former state.

• (3) If the person does not immediately remove a thing referred to in subparagraph (2)(b)(i), the Manager may have it removed or stored and, if the thing interferes with navigation, the Manager may have it removed or stored at the person’s expense.

• (4) [Repealed, SOR/2014-102, s. 17]

PART 4Repeals and Coming into Force

Repeals

35 [Repeal]

36 [Repeal]

Coming Into Force

37 These Regulations come into force on the day on which they are registered.